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California appeals court upholds plastic bag ban
Legal World News |
2014/01/06 19:52
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A California appeals court has upheld San Francisco's ban on single-use plastic bags that can serve as a precedent for other cases.
The San Francisco Chronicle reports the 1st District Court of Appeal issued its ruling last month and published it Friday as precedent binding on lower courts. The ordinance was passed in February 2012 and prohibits plastic bags that can be used only once and requires stores to charge 10 cents for recyclable plastic or paper bags.
A lawsuit by Save the Plastic Bag Coalition said plastic bags took more energy to produce than plastic and take up more space in landfills.
Similar measures have been adopted in about 50 cities and counties in California and have survived legal challenges. The state Supreme Court upheld a plastic-bag ban in 2011.
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Indian gay activists protest top court's ruling
Legal World News |
2013/12/16 19:24
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Hundreds of gay rights activists gathered in India's capital and other cities across the country on Sunday to protest a decision by India's top court to uphold a law that criminalizes gay sex.
India's Supreme Court last week reversed a landmark 2009 lower court order that had decriminalized gay sex. The country's gay community is demanding that the government take immediate action to remove the colonial-era law banning same-sex relations.
About 800 protesters in New Delhi, the capital, wore black arm bands Sunday and waved rainbow-colored flags and banners. Some people wore masks and wigs to protect their identity. They said the Supreme Court's ruling had evoked anger and dismay across the country.
The activists said that they were in the process of taking legal steps to undo the court's decision and that Sunday's protest was to make their voices heard.
"It's my fundamental right to decide who I should love," said Rohan Mehta, a New Delhi-based businessman who was among the demonstrators. "I will not let the court deprive me of my rights."
The court ruled Wednesday that only lawmakers could change the law that bans gay sex and makes it punishable by up to a decade in prison.
The ruling dealt a blow to gay activists who have fought for years for the chance to live openly in India's deeply conservative society. |
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Supreme Court Will Take up New Health Law Dispute
Legal World News |
2013/11/29 18:41
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The Supreme Court agreed Tuesday to referee another dispute over President Barack Obama's health care law, whether businesses can use religious objections to escape a requirement to cover birth control for employees.
The justices said they will take up an issue that has divided the lower courts in the face of roughly 40 lawsuits from for-profit companies asking to be spared from having to cover some or all forms of contraception.
The court will consider two cases. One involves Hobby Lobby Inc., an Oklahoma City-based arts and crafts chain with 13,000 full-time employees. Hobby Lobby won in the lower courts.
The other case is an appeal from Conestoga Wood Specialties Corp., a Pennsylvania company that employs 950 people in making wood cabinets. Lower courts rejected the company's claims.
The court said the cases will be combined for arguments, probably in late March. A decision should come by late June.
The cases center on a provision of the health care law that requires most employers that offer health insurance to their workers to provide a range of preventive health benefits, including contraception.
In both instances, the Christian families that own the companies say that insuring some forms of contraception violates their religious beliefs.
The key issue is whether profit-making corporations can assert religious beliefs under the 1993 Religious Freedom Restoration Act or the First Amendment provision guaranteeing Americans the right to believe and worship as they choose. Nearly four years ago, the justices expanded the concept of corporate "personhood," saying in the Citizens United case that corporations have the right to participate in the political process the same way that individuals do.
"The government has no business forcing citizens to choose between making a living and living free," said David Cortman of the Alliance Defending Freedom, the Christian public interest law firm that is representing Conestoga Wood at the Supreme Court. |
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Colombia court nixes military justice overhaul
Legal World News |
2013/10/25 22:53
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In a stiff blow to the government, Colombia's highest court for constitutional questions on Wednesday struck down an expansion of the military justice system that human rights activists had said would lead to greater impunity for war criminals.
In a 5-4 decision not subject to appeal, the Constitutional Court nullified a constitutional amendment and pursuant statute that would have placed under the jurisdiction of an expanded military justice system all but seven types of violations of international humanitarian law involving armed forces personnel.
Currently, all human rights cases are supposed to be tried in civil court.
Magistrate Jorge Ivan Palacio read a statement saying the court found "procedural defects" in the change's journey through Congress, accepting the arguments of opposition lawmakers and a top human rights lawyer. The decision was not released.
Defense Minister Juan Carlos Pinzon called the ruling "a blow to the morale of the military forces that without doubt will affect Colombians' security." He said the government would consider submitting a revised military court overhaul, but gave no details.
President Juan Manuel Santos was seen as having pushed the change through Congress to win the backing of military leaders for peace talks that began last year with the country's main rebel group in Cuba.
Santos repeatedly insisted the legal change would not lead to impunity in war crimes, but such arguments did not persuade members of the U.S. Congress, which withheld at least $10 million in military aid in objection to the measure. |
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Wenatchee lawyer picked for federal judgeship
Legal World News |
2013/09/23 18:44
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The White House has nominated Wenatchee lawyer Stanley Bastian to become Eastern Washington's newest federal judge.
If approved by the Senate, he would replace Judge Edward Shea on the bench in Richland.
Bastian is a 1983 University of Washington Law School graduate who has served as an assistant city attorney in Seattle and as a state Appeals Court law clerk. He joined a Wenatchee firm in 1988.
The Spokesman-Review reports in the 1990s Bastian was hired by Douglas County to defend sheriff's investigators and prosecutors who were sued for their roles in the discredited Wenatchee sex ring case.
The Tri-City Herald reports Shea was the first federal judge to be based full-time in the Tri-Cities and went on senior status in June 2012, with a reduced workload.
A federal appeals court dealt another blow to New Jersey's efforts to legalize sports gambling Tuesday, upholding a ruling that the state's betting law conflicts with federal law and shouldn't be implemented.
The case was heard by a three-judge panel at the 3rd U.S. Circuit Court of Appeals in Philadelphia, and the state could seek to have the case re-heard by the full appeals court. But Tuesday's ruling more likely means New Jersey's last chance to legalize sports gambling is to ask the U.S. Supreme Court to hear the case.
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Fed court nixes NJ appeal in sports betting case
Legal World News |
2013/09/18 22:40
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A federal appeals court dealt another blow to New Jersey's efforts to legalize sports gambling Tuesday, upholding a ruling that the state's betting law conflicts with federal law and shouldn't be implemented.
The case was heard by a three-judge panel at the 3rd U.S. Circuit Court of Appeals in Philadelphia, and the state could seek to have the case re-heard by the full appeals court. But Tuesday's ruling more likely means New Jersey's last chance to legalize sports gambling is to ask the U.S. Supreme Court to hear the case.
A spokesman for Gov. Chris Christie didn't immediately return a message seeking comment Tuesday, but in the past Christie has said he would go to the nation's highest court if necessary.
Voters passed a sports betting referendum in 2011, and last year New Jersey enacted a law that limited bets to the Atlantic City casinos and the state's horse racing tracks. Bets wouldn't be taken on games involving New Jersey colleges or college games played in the state. Christie said at the time that he hoped to grant sports betting licenses by early this year, but those plans were put on hold.
The NFL, NBA, NHL, Major League Baseball and the NCAA sued the state last year, and the NCAA moved several of its championship events out of New Jersey, though it later relented.
The leagues said the betting law could harm the sanctity of the games. In a court deposition, MLB commissioner Bud Selig said he was "appalled" by Christie's actions.
Attorneys for the state had attacked the 1992 federal Professional and Amateur Sports Protection Act on several constitutional levels. They argued the law unfairly "grandfathered" Nevada, Oregon, Montana and Delaware, which each had some form of sports gambling at the time, and said the law violated state sovereignty and equal protection provisions and trampled the authority of state legislatures under the 10th Amendment. |
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